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Environmental human rights defenders 2016, para. 39
- Paragraph text
- The increased scale of acts of reprisal against environmental human rights defenders protesting against environmental harms caused by projects funded by international financial institutions is disquieting. The submissions received revealed large gaps between professed commitments to participation and accountability and the situation on the ground, pointing to an overwhelming failure by those institutions to assess risks and respond to reprisals effectively. One report documented case studies in Cambodia, Ethiopia, India, Uganda and Uzbekistan of reprisals taking a variety of forms. The critics of projects funded by the World Bank Group were reportedly the target of threats, intimidation tactics and baseless criminal charges. Some women faced sexual harassment or gender-based threats, attacks, or insults when they spoke out. Security forces responded violently to peaceful protests, physically assaulting community members and arbitrarily arresting them. In other cases, critics or their family members were threatened with the loss of their jobs or livelihoods. In many countries, such reprisals often occurred within a broader effort to demonize critics as unpatriotic or "anti-development".
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Person(s) affected
- Activists
- Families
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 107
- Paragraph text
- A key area of concern to the Working Group is the profound level of backlash against women’s human rights gains, which is on the rise both within States and in international spheres. In a climate of rising populism, xenophobia and fundamentalisms, long-established women’s human rights norms are being undermined, heightening the fragility of good practices in this context. In addition, a concurrent attack on women’s organizations, women’s human rights defenders and civil society movements — including feminist, environmental and human rights movements — creates an atmosphere in which these key actors are criminalized, de-funded and even killed, making the question of good practices moot. The Working Group emphasizes the importance of maintaining the autonomy of local and national movements and other civil society actors — including national human rights institutions, public interest lawyers and scholars — as an essential means of protecting and sustaining good practices. Backlashes within intergovernmental forums, as well as at the national level, must be challenged head-on by the international community.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 53
- Paragraph text
- Environmental human rights defenders are one of the most heterogeneous groups of defenders. The category includes a diverse range of people, profiles and trajectories, from small-scale farmers with no land deeds to environmental lawyers and journalists, from well-organized non-governmental organizations to isolated indigenous communities. In many cases, some of these groups already experience marginalization. In many situations, they do not always have the capacity to challenge decisions in courts or they do not have access to mass media. Their marginalization is also due to the nature of their struggles as human rights defenders. Many become environmental human rights defenders by "accident" or "necessity", taking a stand against injustice or harm to their environment. This may amplify their vulnerabilities, as they may not self-identify as environmental human rights defenders and therefore they may be unaware of their rights or existing protection measures, mechanisms or organizations that could support them. The very specific nature of rural communities can also aggravate their vulnerability, as these communities can be located in isolated areas without access to communication and support networks.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 93
- Paragraph text
- Another group that also faces a high risk of violations are defenders working on land and environmental issues in connection with extractive industries and construction and development projects. Violations in this regard generally occur in the context of land disputes, where the perpetrators are both State and non-State actors. As a response to these trends, the Special Rapporteur argues that a rights-based approach to large-scale development projects could contribute to creating and consolidating a safe and enabling environment for defenders who operate in this context. She has also stressed the need: for transparency and access to information; for protection, which should be provided to affected communities and those defending their rights in this context; and to ensure accountability of duty-bearers and access to appropriate remedy. The Special Rapporteur considers that the Guiding Principles on Business and Human Rights, based on the due diligence framework, are an essential reference and tool for States and other stakeholders involved in the context of business operations and the respect for basic rights and freedoms.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 48
- Paragraph text
- It is worth emphasizing that peaceful protests are typically a measure of last resort, when scope for effective engagement with the authorities or businesses is otherwise limited. In some cases, communities may have gone through consultation processes only to find them, from their perspective, improperly conducted, compromised, corrupt or otherwise unsatisfactory. In other cases, agreements reached between the parties may not be not adhered to. For example in Myanmar, protests against the Monywa Copper Project were allegedly sparked in 2012 when the corporation involved in the mining operations reneged on an agreement with affected villagers to halt operations pending negotiations with them. Police later moved in to disperse the peaceful protest camps using inordinate force (see A/HRC/25/64, para. 28). A failure by a company to abide by a contract signed with the owners of community territory in La Sierrita de Galeana in Mexico also resulted in a peaceful protest that was violently dispersed, allegedly under the instructions of company officials.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Work in progress, challenges and the way forward 2017, para. 30
- Paragraph text
- He also had the opportunity to draft a number of joint communications with other mandate holders, including the Special Rapporteur on the rights of indigenous peoples and the Special Rapporteur on human rights and the environment.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Good practices in the protection of human rights defenders 2016, para. 44
- Paragraph text
- Protection practices should focus on strengthening the security of defenders in a holistic manner. Security should not be defined as physical security alone, but should be understood as encompassing multiple dimensions, including economic security, political security, environmental security, digital security and psychosocial well-being.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 103a
- Paragraph text
- [United Nations organizations and agencies should:] Address the legal gaps that heighten risks for environmental human rights defenders, including weak environmental standards and laws protecting the rights of indigenous peoples, their land rights and customary title to territories and resources;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 102h
- Paragraph text
- [States should:] Ensure prompt and impartial investigations into alleged threats and violence against environmental human rights defenders and bring to justice direct perpetrators and those that participated in the commission of crimes;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 102g
- Paragraph text
- [States should:] Develop protection mechanisms for environmental human rights defenders, taking into account the intersectional dimensions of violations against women defenders, indigenous peoples and rural and marginalized communities;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 102e
- Paragraph text
- [States should:] Formulate national action plans on business and human rights and ensure that they, as well as environmental impact assessments, are developed in full transparency and with meaningful participation prior to the granting of permission or concessions for the implementation of any business or development project;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 102d
- Paragraph text
- [States should:] Ensure a preventive approach to the security of environmental human rights defenders by guaranteeing their meaningful participation in decision-making and by developing laws, policies, contracts and assessments by States and businesses;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 102c
- Paragraph text
- [States should:] Ensure a human rights-based approach to development in all relevant legal and policy regulations, including multilateral and bilateral agreements or contracts, and establish mechanisms for due diligence concerning the protection of environmental human rights defenders and the environment;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 100
- Paragraph text
- [Regional intergovernmental organizations should:] ECA and ESCAP should develop similar legally binding instruments on access to information, public participation and justice in environmental matters, including measures to protect environmental human rights defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 99d
- Paragraph text
- [Regional intergovernmental organizations should:] Formulate policies and measures to prevent and address reprisals against environmental human rights defenders for cooperating with regional mechanisms.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 99c
- Paragraph text
- [Regional intergovernmental organizations should:] Provide political and financial support to regional human rights mechanisms with a view to reinforcing the protection of environmental human rights defenders in the regions;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 99a
- Paragraph text
- [Regional intergovernmental organizations should:] Urge negotiating parties in Latin America and the Caribbean to expedite the conclusion of the negotiations on the application of principle 10 of the Rio Declaration on Environment and Development;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 97e
- Paragraph text
- [The international community should:] Formulate an international treaty to prevent and address human rights violations by transnational and national business enterprises, also considering the heightened risk posed by business activities to environmental human rights defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 97c
- Paragraph text
- [The international community should:] Ensure that any future bilateral and multilateral trade agreements involving countries where environmental human rights defenders are under threat include measures to prevent and address violations against defenders and mechanisms to investigate and remedy violations;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 97b
- Paragraph text
- [The international community should:] Publicly scrutinize and condemn violations of the rights of environmental human rights defenders and raise the visibility of their legitimate role in defending the land and environmental rights;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 97a
- Paragraph text
- [The international community should:] Ensure that the implementation of the 2030 Agenda for Sustainable Development is guided by a human rights-based approach, guaranteeing meaningful participation of environmental human rights defenders and affected communities, as well as empowering and protecting defenders at the international, regional and national levels;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 86
- Paragraph text
- Interregional dialogues between regional institutions are an important conduit for raising awareness of the situation of environmental human rights defenders. The Special Rapporteur encourages the expansion of the dialogues, including the new regional regime emerging in the Association of Southeast Asian Nations (ASEAN) region in the light of the many risks faced by environmental human rights defenders in Asia.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 82
- Paragraph text
- However, bilateral and multilateral agreements between States can also inadvertently increase the risks faced by environmental human rights defenders. Clauses such as those on investor-State dispute settlements may hinder State efforts to consult with defenders. Similarly, restrictive clauses in contracts may limit the information available to defenders and infringe upon their right to participation.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 81
- Paragraph text
- Bilateral cooperation between States can build the capacity of institutions engaged in protecting the environment and environmental human rights defenders. For example, the Swedish Environmental Protection Agency, in collaboration with the United Nations Development Programme, is working with similar agencies in Kenya, Colombia, Mongolia and Mozambique to integrate a human rights-based approach into environmental institutions and processes.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 67
- Paragraph text
- Participation should begin with the involvement of local communities in long-term planning. National action plans on business and human rights, environmental impact assessments and other formal processes should be developed through consultative processes involving broad participation.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 59
- Paragraph text
- Protection practices should contribute to the full respect of the rights of environmental human rights defenders and strengthen their security. The Special Rapporteur outlined seven principles that undergird effective protection practices for human rights defenders: they should be rights-based, inclusive, gender-sensitive, focused on "holistic security"', oriented to individuals and collectives, participatory and flexible (A/HRC/31/55).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 58
- Paragraph text
- The fulfilment of the international community's commitment to the protection of the environment is premised on the empowerment of environmental human rights defenders. Existing processes of good governance are similarly premised on the existence of a safe and enabling environment for those defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 105f
- Paragraph text
- [Business enterprises should:] Ensure that private security companies and other subcontractors respect the rights of environmental human rights defenders and affected communities and establish accountability mechanisms for grievances.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 105d
- Paragraph text
- [Business enterprises should:] Disclose information related to planned and ongoing large-scale development projects in a timely and accessible manner to affected communities and environmental human rights defenders;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Environmental human rights defenders 2016, para. 105c
- Paragraph text
- [Business enterprises should:] Refrain from physical, verbal or legal attacks against environmental human rights defenders and meaningfully consult with them in the design, implementation and evaluation of projects, and in due diligence and human rights impact assessment processes;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph